Wybrane problemy dochodzenia realizacji obowiązków administracyjnych o charakterze niepieniężnym
Problems of enforcing performance of non-financial administrative obligations

Summary/Abstract: One of the basic rules of enforcement proceedings in administration is the principle of the legal obligation to carry out enforcement. The essence of this rule lies down in the public creditor’s obligation to take steps to apply enforcement measures if the obliged person evades the performance of the obligation that rests with them and that is subject to administrative enforcement. The consequence of the creditor’s actions may include a subsequent obligation of the enforcement authority to take steps that involve, as prescribed by the law, the application of enforcement measures to ensure that the obliged party performs their administrative obligation. However, the nature of administrative obligations is differentiated. The legislator identifies two basic categories, that is financial and non-financial obligations. Their character also determines the different ways these obligations are enforced. The procedure to ensure them were regulated in the same act and as a rule, apart from implementing actions, is based on uniform rules. Additionally, this procedure has been modified significantly in the last three years. Given the above, the objective of this study is an analysis of the law in force with elements of an analysis of the law in a historical perspective and also a formulation of conclusions on the problems of enforcing performance of non-financial administrative obligations in the context of validity of a common regulation for enforcement of financial and non-financial obligations in administration, also taking into account recent amendments.

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